[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2517 Reported in House (RH)]

                                                 Union Calendar No. 239
111th CONGRESS
  2d Session
                                H. R. 2517

                      [Report No. 111-400, Part I]

 To provide certain benefits to domestic partners of Federal employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2009

 Ms. Baldwin (for herself, Ms. Ros-Lehtinen, Mr. Berman, Mr. Capuano, 
    Mr. Ellison, Mr. Engel, Ms. Harman, Mr. Holt, Mr. Kennedy, Mr. 
 Langevin, Mrs. Maloney, Ms. Matsui, Ms. McCollum, Mr. McDermott, Ms. 
Moore of Wisconsin, Mr. Moran of Virginia, Mr. Nadler of New York, Ms. 
   Norton, Ms. Schakowsky, Mr. Serrano, Mr. Sherman, Ms. Sutton, Mr. 
Tierney, Ms. Wasserman Schultz, Mr. Wu, Mr. Cummings, Mr. Kucinich, Ms. 
 Velazquez, Mr. Waxman, Ms. Berkley, Mrs. Capps, Mr. Moore of Kansas, 
  Mr. Weiner, Mr. Connolly of Virginia, Mr. Hastings of Florida, Mr. 
   Pastor of Arizona, Mr. Welch, Ms. Woolsey, Mr. McGovern, Ms. Zoe 
  Lofgren of California, Mrs. Davis of California, Mr. Grijalva, Ms. 
 Kilpatrick of Michigan, Mr. Stark, Mr. Dingell, Mr. George Miller of 
 California, Mr. Sarbanes, Mr. Rothman of New Jersey, Mr. Crowley, Mr. 
  Wexler, Mr. Farr, Ms. Linda T. Sanchez of California, Mr. Carson of 
   Indiana, Ms. DeGette, Mr. Delahunt, Mr. Jackson of Illinois, Mr. 
 Michaud, Mrs. Lowey, Ms. Eshoo, Mr. Gutierrez, Mr. Polis of Colorado, 
Mr. Ackerman, Mr. Filner, Mr. Clyburn, and Mr. Quigley) introduced the 
 following bill; which was referred to the Committee on Oversight and 
     Government Reform, and in addition to the Committees on House 
   Administration and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                            January 22, 2010

Reported from the Committee on Oversight and Government Reform with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            January 22, 2010

 Referral to the Committees on House Administration and the Judiciary 
      extended for a period ending not later than January 29, 2010

                            January 29, 2010

 Additional sponsors: Ms. Clarke, Mr. Hinchey, Mr. Israel, Mr. Meek of 
Florida, Mr. Larson of Connecticut, Mr. Sestak, Mr. DeFazio, Mr. Frank 
of Massachusetts, Mr. Abercrombie, Mr. Pallone, Ms. Kilroy, Mr. Johnson 
of Georgia, Mr. Hare, Ms. Schwartz, Mr. Blumenauer, Mr. Van Hollen, Ms. 
DeLauro, Mr. Baird, Mr. Cohen, Mr. Adler of New Jersey, Ms. Edwards of 
Maryland, Mr. Bishop of New York, Mr. Gonzalez, Mr. Doggett, Mr. Hodes, 
   Mr. Larsen of Washington, Ms. Hirono, Mr. Inslee, Ms. Watson, Mr. 
Honda, Mr. Yarmuth, Mr. Andrews, Ms. Fudge, Mr. Levin, Mr. Becerra, Ms. 
 Loretta Sanchez of California, Mr. Braley of Iowa, Mr. Loebsack, Mr. 
  Walz, Mr. Massa, Mr. Sires, Ms. Lee of California, Mr. McMahon, Mr. 
Murphy of Connecticut, Mr. Scott of Virginia, Mr. Maffei, Ms. Giffords, 
 Ms. Pingree of Maine, Mr. Peters, Ms. Tsongas, Mr. Olver, Ms. Speier, 
Mr. Lewis of Georgia, Mr. Tonko, Mr. Doyle, Ms. Chu, Ms. Jackson Lee of 
  Texas, Mr. Price of North Carolina, Mr. Ryan of Ohio, Mr. Courtney, 
Mrs. Napolitano, Mr. Clay, Mr. Pierluisi, Mr. Baca, Mr. Rush, Mr. Smith 
of Washington, Mr. Hall of New York, Mr. Payne, Mr. Davis of Illinois, 
Mr. Lujan, Ms. Titus, Ms. Waters, Mr. Schiff, Mr. Perlmutter, Ms. Shea-
                     Porter, and Ms. Roybal-Allard

                            January 29, 2010

 The Committees on House Administration and the Judiciary discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 20, 
                                 2009]

_______________________________________________________________________

                                 A BILL


 
 To provide certain benefits to domestic partners of Federal employees.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic 
Partnership Benefits and Obligations Act of 2009''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 5, United States Code.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references; table of contents.

                     TITLE I--DOMESTIC PARTNERSHIPS

Sec. 101. Domestic partnerships.

               TITLE II--CIVIL SERVICE RETIREMENT SYSTEM

Sec. 201. Definitions.
Sec. 202. Creditable service.
Sec. 203. Computation of annuity.
Sec. 204. Cost-of-living adjustment of annuities.
Sec. 205. Survivor annuities.
Sec. 206. Lump-sum benefits; designation of beneficiary; order of 
                            precedence.
Sec. 207. Alternative forms of annuities.
Sec. 208. Administration; regulations.
Sec. 209. Participation in the Thrift Savings Plan.

            TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

Sec. 301. Definitions.
Sec. 302. Creditable service.
Sec. 303. Survivor reduction for a current spouse or a current domestic 
                            partner.
Sec. 304. Survivor reduction for a former spouse or former domestic 
                            partner.
Sec. 305. Survivor elections; deposit; offsets.
Sec. 306. Survivor reductions; computation.
Sec. 307. Insurable interest reductions.
Sec. 308. Alternative forms of annuities.
Sec. 309. Lump-sum benefits; designation of beneficiary; order of 
                            precedence.
Sec. 310. Annuities: methods of payment; election; purchase.
Sec. 311. Protections for spouses, domestic partners, former spouses, 
                            and former domestic partners.
Sec. 312. Justices and judges.
Sec. 313. Survivor annuities: definitions.
Sec. 314. Rights of a widow, widower, or surviving partner.
Sec. 315. Rights of a former spouse or former domestic partner.
Sec. 316. Authority of the Office of Personnel Management.
Sec. 317. Cost-of-living adjustments.
Sec. 318. Fiduciary responsibilities; liability and penalties.

                      TITLE IV--INSURANCE BENEFITS

Sec. 401. Life insurance.
Sec. 402. Health insurance.
Sec. 403. Enhanced dental benefits.
Sec. 404. Enhanced vision benefits.
Sec. 405. Long-term care insurance.

            TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

Sec. 501. Reimbursement for taxes incurred on money received for travel 
                            expenses.
Sec. 502. Relocation expenses of employees transferred or reemployed.
Sec. 503. Taxes on reimbursements for travel, transportation, and 
                            relocation expenses of employees 
                            transferred.
Sec. 504. Relocation expenses of an employee who is performing an 
                            extended assignment.

                TITLE VI--COMPENSATION FOR WORK INJURIES

Sec. 601. Definitions.
Sec. 602. Death gratuity for injuries incurred in connection with 
                            employee's service with an Armed Force.
Sec. 603. Beneficiaries of awards unpaid at death; order of precedence.
Sec. 604. Augmented compensation for dependents.
Sec. 605. Limitations on right to receive compensation.
Sec. 606. Compensation in case of death.
Sec. 607. Lump-sum payment.
Sec. 608. Regulations.
Sec. 609. Effective date.

  TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER 
                                MATTERS

Sec. 701. Employment of relatives; restrictions.
Sec. 702. Settlement of accounts.
Sec. 703. Benefits for captives.
Sec. 704. Compensation for disability or death.
Sec. 705. Family and medical leave.

                   TITLE VIII--ADDITIONAL PROVISIONS

Sec. 801. Applicability.
Sec. 802. Regulations.

      TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978

Sec. 901. Amendment to the Ethics in Government Act of 1978.

                    TITLE X--REPORTING REQUIREMENTS

Sec. 1001. Report of the president.
Sec. 1002. GAO report.

                     TITLE I--DOMESTIC PARTNERSHIPS

SEC. 101. DOMESTIC PARTNERSHIPS.

    (a) In General.--Chapter 21 is amended by adding at the end the 
following:
``Sec. 2110. Domestic partnerships
    ``(a) Establishment.--To establish the existence of a domestic 
partnership, between an employee, former employee, or annuitant and 
another individual, for purposes of the provisions of law to which this 
section applies, the employee, former employee, or annuitant (as the 
case may be) shall be required to file an affidavit, in such form and 
manner as the Office of Personnel Management shall by regulation 
prescribe, attesting to the following:
            ``(1) Both individuals are members of the same sex.
            ``(2) Both individuals are at least 18 years of age and 
        competent to contract.
            ``(3) The filing employee, former employee, or annuitant 
        (as the case may be) has notified the other individual of the 
        filing of the affidavit attesting that their partnership 
        satisfies the requirements of this subsection.
            ``(4) Such individuals are in a domestic partnership with 
        one another and intend to remain so indefinitely.
            ``(5) Such individuals--
                    ``(A) have a common residence; or
                    ``(B) do not have a common residence because of 
                financial, employment-related, or other reasons, as 
                identified in the affidavit.
            ``(6) Neither individual is married to or in a domestic 
        partnership with anyone outside of the domestic partnership 
        referred to in paragraph (4).
            ``(7) The 2 individuals share responsibility for a 
        significant measure of each other's common welfare and 
        financial obligations.
            ``(8) The 2 individuals are not related in a way that, if 
        they were of the opposite sex, would prohibit legal marriage in 
        the jurisdiction in which either individual resides.
            ``(9) The filing employee, former employee, or annuitant 
        (as the case may be) understands that willful falsification of 
        information set forth in the affidavit or failure to provide 
        appropriate notification of the termination of the domestic 
        partnership may lead to the recovery of amounts obtained as a 
        result of such falsification or failure (as the case may be), 
        criminal or other penalties, and (in appropriate cases) 
        disciplinary action.
 An affidavit shall not be effective for purposes of this section 
unless the filing individual is an employee, former employee, or 
annuitant as of the time of filing. No 2 individuals shall, for 
purposes of the provisions of law to which this section applies, be 
treated as being in a domestic partnership with one another unless 
there is in effect, in accordance with regulations prescribed by the 
Office, an affidavit filed in accordance with the preceding provisions 
of this subsection. An affidavit so filed shall remain in effect until 
the earlier of the date of the death of either individual or the date 
as of which the domestic partnership is otherwise terminated, as 
determined under such regulations.
    ``(b) Domestic Partner.--For purposes of the provisions of law to 
which this section applies, the term `domestic partner' means an 
individual who is in a domestic partnership, as described in subsection 
(a).
    ``(c) Employee Defined.--For purposes of this section, the term 
`employee' means an employee as defined by section 2105, an employee of 
a nonappropriated fund instrumentality of the Department of Defense or 
the Coast Guard (as described in section 2105(c)), an employee of the 
United States Postal Service or of the Postal Regulatory Commission (as 
described in section 2105(e)), a Member of Congress, a member of the 
commissioned corps of the Public Health Service, a member of the 
commissioned corps of the National Oceanic and Atmospheric 
Administration, and any other individual who is employed by the 
Government (as determined under regulations of the President or a 
designee thereof), but does not include a technician (within the 
meaning of section 8337(h) or, notwithstanding any provision of chapter 
43 of title 38, a member of the armed forces.
    ``(d) Annuitant Defined.--For purposes of this section, the term 
`annuitant' means--
            ``(1) an annuitant within the meaning of section 8331 or 
        8401; and
            ``(2) as determined under regulations prescribed by the 
        President or a designee thereof, any other individual who is 
        entitled to benefits (based on the service of such individual) 
        under a retirement system for employees of the Government.
    ``(e) Confidentiality.--No individual may--
            ``(1) use the information obtained under subsection (a) for 
        any purpose other than the administration of any provision of 
        law to which this section applies; or
            ``(2) furnish any information obtained under subsection (a) 
        to anyone, or permit anyone to examine or otherwise gain access 
        to any such information, except for--
                    ``(A) an individual who needs such information for 
                a purpose that satisfies paragraph (1); or
                    ``(B) a member of the domestic partnership to which 
                the information pertains or an authorized 
                representative thereof.
    ``(f) Applicability.--This section applies for purposes of the 
provisions of this title (excluding chapter 81) and any provision of 
law identified in or under title VIII of the Domestic Partnership 
Benefits and Obligations Act of 2009.''.
    (b) Clerical Amendment.--The table of sections for chapter 21 is 
amended by adding at the end the following:

``2110. Domestic partnerships.''.

               TITLE II--CIVIL SERVICE RETIREMENT SYSTEM

SEC. 201. DEFINITIONS.

    Section 8331 is amended--
            (1) in paragraph (30), by striking ``and'' at the end;
            (2) in paragraph (31), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(32) `former domestic partner' means a former domestic 
        partner of an individual--
                    ``(A) if such individual performed at least 18 
                months of civilian service as an employee or Member; 
                and
                    ``(B) if the former domestic partner was in a 
                domestic partnership with such individual for at least 
                9 months.''.

SEC. 202. CREDITABLE SERVICE.

    Section 8332 is amended--
            (1) in subsection (c)(3)(C)(ii), by striking ``former 
        spouse.'' and inserting ``former spouse or former domestic 
        partner.''; and
            (2) in paragraphs (4) and (5) of subsection (o), by 
        striking ``spouse'' each place it appears and inserting 
        ``spouse, domestic partner,''.

SEC. 203. COMPUTATION OF ANNUITY.

    Section 8339 is amended--
            (1) in subsection (j)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(or domestic partner)'' 
                        after ``the spouse'' each place it appears;
                            (ii) by inserting ``(or has a domestic 
                        partner)'' after ``is married''; and
                            (iii) by inserting ``(or domestic 
                        partner's)'' after ``the spouse's'' each place 
                        it appears;
                    (B) in paragraph (2), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears;
                    (C) in paragraph (3)--
                            (i) in the first sentence--
                                    (I) by inserting ``(or former 
                                domestic partner)'' after ``former 
                                spouse'' each place it appears; and
                                    (II) by inserting ``(or being in a 
                                domestic partnership with)'' after 
                                ``based on marriage to'';
                            (ii) in the second sentence--
                                    (I) by inserting ``(or the domestic 
                                partnership of the former domestic 
                                partner with)'' after ``the marriage of 
                                the former spouse to''; and
                                    (II) by striking ``is dissolved,'' 
                                and inserting ``is dissolved (or 
                                terminated),'';
                            (iii) in the sixth sentence, by striking 
                        ``former spouse.'' and inserting ``former 
                        spouse (or former domestic partner).'';
                            (iv) in subparagraph (B)--
                                    (I) by striking ``is then 
                                married,'' and inserting ``is then 
                                married (or is then in a domestic 
                                partnership),''; and
                                    (II) by striking ``the spouse's 
                                written consent.'' and inserting ``the 
                                written consent of the spouse (or 
                                domestic partner).''; and
                            (v) by amending the next to last sentence 
                        to read as follows: ``In the case of a retired 
                        employee or Member whose annuity is being 
                        reduced in order to provide a survivor annuity 
                        for a former spouse (or former domestic 
                        partner), an election to provide or increase a 
                        survivor annuity for any other former spouse 
                        (or any other former domestic partner), and to 
                        continue an appropriate reduction for that 
                        purpose, may be made within the same period 
                        that, and subject to the same conditions under 
                        which, an election could be made under 
                        paragraph (5)(B) for a current spouse (or a 
                        current domestic partner), subject to the 
                        provisions of this paragraph relating to 
                        consent of a current spouse (or of a current 
                        domestic partner), if the retired employee or 
                        Member is then married (or in a domestic 
                        partnership).''; and
                    (D) by amending paragraph (5) to read as follows:
    ``(5)(A) Any reduction in an annuity for the purpose of providing a 
survivor annuity for the current spouse (or the current domestic 
partner) of a retired employee or Member shall be terminated for each 
full month--
            ``(i) after the death of the spouse (or domestic partner), 
        or
            ``(ii) after the dissolution of the marriage of the spouse 
        (or the termination of the domestic partnership of the domestic 
        partner) to the employee or Member,
except that an appropriate reduction shall be made thereafter if the 
spouse (or domestic partner) is entitled, as a former spouse (or former 
domestic partner), to a survivor annuity under section 8341(h).
    ``(B) Any reduction in an annuity for the purpose of providing a 
survivor annuity for a former spouse (or a former domestic partner) of 
a retired employee or Member shall be terminated for each full month 
after the former spouse remarries (or the former domestic partner 
enters into a subsequent domestic partnership) before reaching age 55 
or dies. This reduction shall be replaced by an appropriate reduction 
or reductions under paragraph (4) if the retired employee or Member has 
(i) another former spouse (or another former domestic partner) who is 
entitled to a survivor annuity under section 8341(h), (ii) a current 
spouse to whom the employee or Member was married (or a current 
domestic partner with whom the employee or Member was in a domestic 
partnership) at the time of retirement and with respect to whom a 
survivor annuity was not jointly waived under paragraph (1), or (iii) a 
current spouse whom the employee or Member married (or a current 
domestic partner with whom the employee or Member entered into domestic 
partnership) after retirement and with respect to whom an election has 
been made under subparagraph (C) or subsection (k)(2).
    ``(C)(i) Upon remarriage (or entry into a subsequent domestic 
partnership), a retired employee or Member who was married (or in a 
domestic partnership) at the time of retirement, including an employee 
or Member whose annuity was not reduced to provide a survivor annuity 
for the employee's or Member's spouse or former spouse (or domestic 
partner or former domestic partner) as of the time of retirement, may 
irrevocably elect during such marriage (or domestic partnership), in a 
signed writing received by the Office--
            ``(I) within 2 years after such remarriage (or such 
        subsequent domestic partnership), or
            ``(II) if later, within 2 years after--
                    ``(aa) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any former domestic partner) of such 
                employee or Member who was entitled to a survivor 
                annuity under section 8341(h), or
                    ``(bb) if there was more than 1, the death or 
                remarriage of the last such surviving former spouse (or 
                the death of or entry into a subsequent domestic 
                partnership by the last such surviving former domestic 
                partner),
a reduction in the employee's or Member's annuity under paragraph (4) 
for the purpose of providing an annuity for such employee's or Member's 
spouse (or domestic partner) in the event such spouse (or domestic 
partner) survives the employee or Member.
    ``(ii) Such election and reduction shall be effective the first day 
of the second month after the election is received by the Office, but 
not less than 9 months after the date of the remarriage (or entry into 
the subsequent domestic partnership), and the retired employee or 
Member shall deposit in the Fund an amount determined by the Office of 
Personnel Management, as nearly as may be administratively feasible, to 
reflect the amount by which the annuity of such retired employee or 
Member would have been reduced if the election had been in effect since 
the date of retirement or, if later, the date the previous reduction in 
such retired employee's or Member's annuity was terminated under 
subparagraph (A) or (B), plus interest. For the purposes of the 
preceding sentence, the annual rate of interest for each year during 
which an annuity would have been reduced if the election had been in 
effect on and after the applicable date referred to in such sentence 
shall be 6 percent.
    ``(iii) The Office shall, by regulation, provide for payment of the 
deposit required under clause (ii) by a reduction in the annuity of the 
employee or Member. The reduction shall, to the extent practicable, be 
designed so that the present value of the future reduction is 
actuarially equivalent to the deposit required under clause (ii), 
except that total reductions in the annuity of an employee or Member to 
pay deposits required by the provisions of this paragraph or paragraph 
(3) shall not exceed 25 percent of the annuity computed under 
subsections (a) through (i), (n), (q), and (r), including adjustments 
under section 8340. The reduction required by this clause, which shall 
be effective on the same date as the election under clause (i), shall 
be permanent and unaffected by any future dissolution of the marriage 
(or termination of the domestic partnership). Such reduction shall be 
independent of and in addition to the reduction required under clause 
(i).
    ``(iv) Notwithstanding any other provision of this subparagraph, an 
election under this subparagraph may not be made for the purpose of 
providing an annuity in the case of a spouse by remarriage (or a 
domestic partner by a subsequent domestic partnership) if such spouse 
was married to (or if such domestic partner was in a domestic 
partnership with) the employee or Member at the time of such employee's 
or Member's retirement, and all rights to survivor benefits for such 
spouse (or domestic partner) under this subchapter based on marriage 
(or domestic partnership) to such employee or Member were then waived 
under paragraph (1) or a similar prior provision of law.
    ``(v) An election to provide a survivor annuity to a person under 
this subparagraph--
            ``(I) shall prospectively void any election made by the 
        employee or Member under subsection (k)(1) with respect to such 
        person; or
            ``(II) shall, if an election was made by the employee or 
        Member under such subsection (k)(1) with respect to a different 
        person, prospectively void such election if appropriate written 
        application is made by such employee or Member at the time of 
        making the election under this subparagraph.
    ``(vi) The deposit provisions of clauses (ii) and (iii) shall not 
apply if--
            ``(I) the employee or Member makes an election under this 
        subparagraph after having made an election under subsection 
        (k)(1); and
            ``(II) the election under subsection (k)(1) becomes void 
        under clause (v).'';
            (2) in subsection (k)--
                    (A) in paragraph (1)--
                            (i) by striking ``a married employee or 
                        Member'' and inserting ``an employee or Member 
                        who is married (or in a domestic 
                        partnership)''; and
                            (ii) by inserting ``(or domestic partner)'' 
                        after ``spouse'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking the matter before 
                        subparagraph (B) and inserting the following:
    ``(2)(A) An employee or Member, who is unmarried (and not in a 
domestic partnership) at the time of retiring under a provision of law 
which permits election of a reduced annuity with a survivor annuity 
payable to such employee's or Member's spouse (or domestic partner) and 
who later marries (or enters into a domestic partnership), may 
irrevocably elect, in a signed writing received in the Office--
            ``(i) within 2 years after such employee or Member marries 
        (or enters into a domestic partnership), or
            ``(ii) if later, within 2 years after--
                    ``(I) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any former domestic partner) of such 
                employee or Member who was entitled to a survivor 
                annuity under section 8341(h), or
                    ``(II) if there was more than 1, the death (or 
                entry into a subsequent domestic partnership) by the 
                last such surviving former spouse (or surviving former 
                domestic partner),
a reduction in the retired employee or Member's current annuity as 
provided in subsection (j).'';
                            (ii) in subparagraph (B)(i) (in the matter 
                        before subclause (I)), by striking 
                        ``marriage.'' and inserting ``marriage (or 
                        entry into a domestic partnership).'';
                            (iii) in subparagraph (B)(ii), by inserting 
                        ``(or in a domestic partnership)'' after 
                        ``married''; and
                            (iv) in subparagraph (C), by striking 
                        ``marriage.'' and inserting ``marriage (or 
                        domestic partnership).''; and
            (3) in subsection (o)(1)--
                    (A) in subparagraphs (A)(i) and (B)(i), by striking 
                ``is married,'' and inserting ``is married (or is in a 
                domestic partnership),''; and
                    (B) in subparagraph (A) (in the matter following 
                clause (ii)), by inserting ``(or domestic partner)'' 
                after ``spouse''.

SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES.

    Section 8340 is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the terms `widow', `widower', and `surviving partner' 
        have the respective meanings given them under section 8341.''; 
        and
            (2) in subsection (c)(1)--
                    (A) in the matter before subparagraph (A), by 
                striking all after ``who retires,'' and before ``of a 
                deceased annuitant'' and inserting ``to the widow, 
                widower, or former spouse (or the surviving partner or 
                former domestic partner) of a deceased employee or 
                Member, or to the widow, widower, or former spouse (or 
                the surviving partner or former domestic partner), or 
                insurable interest designee''; and
                    (B) in subparagraph (B)(ii), by striking ``a widow, 
                widower, former spouse, or insurable interest 
                designee'' and inserting ``a widow, widower, or former 
                spouse (or surviving partner or former domestic 
                partner) or insurable interest designee''.

SEC. 205. SURVIVOR ANNUITIES.

    Section 8341 is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) `surviving partner' means the surviving domestic 
        partner of an employee or Member who--
                    ``(A) was in a domestic partnership with such 
                employee or Member for at least 9 months immediately 
                before the death of such employee or Member; or
                    ``(B) satisfies such other requirement, based on 
                parenthood, as the Office of Personnel Management shall 
                by regulation prescribe based on the definition of a 
                widow or widower under this section;''; and
                    (C) in paragraph (5) (as so redesignated by 
                subparagraph (A))--
                            (i) in subparagraph (A), by inserting ``(or 
                        surviving domestic partner)'' after ``the 
                        surviving spouse''; and
                            (ii) by adding at the end the following: 
                        ``The Office shall prescribe regulations to 
                        provide that, for purposes of applying the 
                        provisions of paragraph (5)(A)(ii) (relating to 
                        the treatment of a stepchild) in the case of a 
                        domestic partnership, rules similar to those 
                        prescribed to carry out section 8901(5)(B) in 
                        similar circumstances shall apply.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                            (ii) by striking ``remarriage,'' and 
                        inserting ``remarriage (or entry into a 
                        subsequent domestic partnership)'';
                    (B) in paragraph (2)--
                            (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                            (ii) by inserting ``(or in a domestic 
                        partnership with)'' after ``married to'';
                    (C) in paragraph (3)--
                            (i) in the matter before subparagraph (A), 
                        by inserting ``(or domestic partner)'' after 
                        ``spouse'';
                            (ii) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                            (iii) in subparagraph (B), by inserting 
                        ``(or enters into a subsequent domestic 
                        partnership)'' after ``remarries''; and
                    (D) in paragraph (4)--
                            (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                            (ii) in subparagraph (B), by inserting 
                        ``(or former domestic partner)'' after ``former 
                        spouse'';
            (3) in subsection (d)--
                    (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)'';
                    (B) in subparagraph (B), by inserting ``(or former 
                domestic partner)'' after ``former spouse''; and
                    (C) in clause (ii), by inserting ``(or enters into 
                a subsequent domestic partnership)'' after 
                ``remarries'';
            (4) in subsection (e)--
                    (A) by striking the matter before paragraph (2) and 
                inserting the following:
    ``(e)(1) For the purposes of this subsection--
            ``(A) the term `former spouse' includes a former spouse who 
        was married to an employee or Member for less than 9 months and 
        a former spouse of an employee or Member who completed less 
        than 18 months of service covered by this subchapter; and
            ``(B) the term `former domestic partner' includes a former 
        domestic partner who was in a domestic partnership with an 
        employee or Member for less than 9 months and a former domestic 
        partner of an employee or Member who completed less than 18 
        months of service covered by this subchapter.'';
                    (B) in paragraph (2), by striking ``a spouse or a 
                former spouse'' each place it appears and inserting ``a 
                spouse or former spouse (or a domestic partner or 
                former domestic partner)'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (E), by striking ``dies 
                        or marries;'' and inserting ``dies, marries, or 
                        enters into a domestic partnership;''; and
                            (ii) in the matter following subparagraph 
                        (E)--
                                    (I) by inserting ``(or domestic 
                                partner or former domestic partner)'' 
                                after ``spouse or former spouse''; and
                                    (II) by striking ``spouse, former 
                                spouse, or child'' and inserting 
                                ``spouse or former spouse (or domestic 
                                partner or former domestic partner) or 
                                child,''; and
                    (D) in paragraph (4), by striking ``marriage, then, 
                if such marriage'' and inserting ``marriage, then, if 
                such marriage (or a domestic partnership, then, if such 
                domestic partnership)'';
            (5) by striking subsection (f) and inserting the following:
    ``(f) If a Member heretofore or hereafter separated from the 
service with title to deferred annuity from the Fund hereafter dies 
before having established a valid claim for annuity and is survived by 
a spouse to whom married (or a domestic partner to whom in a domestic 
partnership) at the date of separation, the surviving spouse (or 
surviving partner)--
            ``(1) is entitled to an annuity equal to 55 percent of the 
        deferred annuity of the Member commencing on the day after the 
        Member dies and terminating on the last day of the month before 
        the surviving spouse dies or remarries (or the surviving 
        domestic partner dies or enters into a subsequent domestic 
        partnership); or
            ``(2) may elect to receive the lump-sum credit instead of 
        annuity if the spouse (or domestic partner) is the individual 
        who would be entitled to the lump-sum credit and files 
        application therefor with the Office before the award of the 
        annuity.
Notwithstanding the preceding sentence, an annuity payable under this 
subsection to the surviving spouse (or surviving domestic partner) of a 
Member may not exceed the difference between--
            ``(A) the annuity which would otherwise be payable to such 
        surviving spouse (or such surviving domestic partner) under 
        this subsection, and
            ``(B) the amount of the survivor annuity payable to any 
        former spouse (or any former domestic partner) of such Member 
        under subsection (h).'';
            (6) by striking subsection (g) and inserting the following:
    ``(g) In the case of a surviving spouse (or surviving domestic 
partner) whose annuity under this section is terminated because of 
remarriage (or entry into a subsequent domestic partnership) before 
becoming 55 years of age, annuity at the same rate shall be restored 
commencing on the day the remarriage (or subsequent domestic 
partnership) is dissolved by death, annulment, or divorce (or 
terminated), if--
            ``(1) the surviving spouse (or surviving domestic partner) 
        elects to receive this annuity instead of a survivor benefit to 
        which he may be entitled, under this subchapter or another 
        retirement system for Government employees, by reason of the 
        remarriage (or subsequent domestic partnership); and
            ``(2) any lump sum paid on termination of the annuity is 
        returned to the Fund.'';
            (7) by striking subsection (h) and inserting the following:
    ``(h)(1) Subject to paragraphs (2) through (5), a former spouse (or 
former domestic partner) of a deceased employee, Member, annuitant, or 
former Member who was separated from the service with title to a 
deferred annuity under section 8338(b) is entitled to a survivor 
annuity under this subsection, if and to the extent expressly provided 
for in an election under section 8339(j)(3), or in the terms of any 
decree of divorce or annulment or any court order or court-approved 
property settlement agreement incident to such decree.
    ``(2)(A) The annuity payable to a former spouse (or former domestic 
partner) under this subsection may not exceed the difference between--
            ``(i) the amount applicable in the case of such former 
        spouse (or former domestic partner), as determined under 
        subparagraph (B), and
            ``(ii) the amount of any annuity payable under this 
        subsection to any other former spouse (or former domestic 
        partner) of the employee, Member, or annuitant, based on an 
        election previously made under section 8339(j)(3), or a court 
        order previously issued.
    ``(B) The applicable amount, for purposes of subparagraph (A)(i) in 
the case of a former spouse (or former domestic partner), is the amount 
which would be applicable--
            ``(i) under subsection (b)(4)(A) in the case of a widow or 
        widower (or surviving partner), if the deceased was an employee 
        or Member who died after retirement;
            ``(ii) under subparagraph (A) of subsection (d) in the case 
        of a widow or widower (or surviving partner), if the deceased 
        was an employee or Member described in the first sentence of 
        such subsection; or
            ``(iii) under subparagraph (A) of subsection (f) in the 
        case of a surviving spouse (or surviving domestic partner), if 
        the deceased was a Member described in the first sentence of 
        such subsection.
    ``(3) The commencement and termination of an annuity payable under 
this subsection shall be governed by the terms of the applicable order, 
decree, agreement, or election, as the case may be, except that any 
such annuity--
            ``(A) shall not commence before--
                    ``(i) the day after the employee, Member, or 
                annuitant dies, or
                    ``(ii) the first day of the second month beginning 
                after the date on which the Office receives written 
                notice of the order, decree, agreement, or election, as 
                the case may be, together with such additional 
                information or documentation as the Office may 
                prescribe,
        whichever is later, and
            ``(B) shall terminate--
                    ``(i) except as provided in subsection (k), in the 
                case of an annuity computed by reference to clause (i) 
                or (ii) of paragraph (2)(B), no later than the last day 
                of the month before the former spouse remarries (or 
                former domestic partner enters into a subsequent 
                domestic partnership) before becoming 55 years of age 
                or dies; or
                    ``(ii) in the case of an annuity computed by 
                reference to clause (iii) of such paragraph, no later 
                than the last day of the month before the former spouse 
                remarries or dies (or the former domestic partner 
                enters into a subsequent domestic partnership or dies).
    ``(4) For purposes of this subchapter, a modification in a decree, 
order, agreement, or election referred to in paragraph (1) shall not be 
effective--
            ``(A) if such modification is made after the retirement or 
        death of the employee or Member concerned, and
            ``(B) to the extent that such modification involves an 
        annuity under this subsection.
    ``(5) For purposes of this subchapter, a decree, order, agreement, 
or election referred to in paragraph (1) shall not be effective, in the 
case of a former spouse (or former domestic partner), to the extent 
that it is inconsistent with any joint designation or waiver previously 
executed with respect to such former spouse (or former domestic 
partner) under section 8339(j)(1) or a similar prior provision of law.
    ``(6) Any payment under this subsection to a person bars recovery 
by any other person.
    ``(7) As used in this subsection, `court' means any court of any 
State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Northern Mariana Islands, or the Virgin Islands, and any Indian 
court.'';
            (8) by striking subsection (i) and inserting the following:
    ``(i) The requirement in subsections (a)(1)(A), (a)(2)(A), and 
(a)(5)(A) that the surviving spouse (or surviving domestic partner) of 
an employee or Member have been married to (or in a domestic 
partnership with) such employee or Member for at least 9 months 
immediately before the employee's or Member's death in order to qualify 
as the widow or widower (or surviving partner) of such employee or 
Member shall be deemed satisfied in any case in which the employee or 
Member dies within the applicable 9-month period, if--
            ``(1) the death of the employee or Member was accidental; 
        or
            ``(2) the surviving spouse (or surviving domestic partner) 
        of such individual had been previously married to (or in a 
        domestic partnership with) the individual that was subsequently 
        dissolved (or terminated), and the aggregate time married (or 
        in a domestic partnership) is at least 9 months.''; and
            (9) by redesignating subsection (k) as subsection (j) and 
        amending such subsection to read as follows:
    ``(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), to the 
extent that they provide for termination of a survivor annuity because 
of a remarriage (or entry into a subsequent domestic partnership) 
before age 55, shall not apply if the widow, widower or former spouse 
was married to (or the surviving partner or former domestic partner was 
in a domestic partnership with) the individual on whose service the 
survivor annuity is based for at least 30 years.
    ``(2) A remarriage (or entry into a subsequent domestic 
partnership) described in paragraph (1) shall not be taken into account 
for purposes of subparagraph (B) or (C) of section 8339(j)(5) or any 
other provision of this chapter which the Director of the Office of 
Personnel Management may by regulation identify in order to carry out 
the purposes of this subsection.''.

SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER OF 
              PRECEDENCE.

     Section 8342 is amended--
            (1) in subsection (c), by inserting ``(or surviving 
        partner)'' after ``widow or widower'' ; and
            (2) in subsection (j)--
                    (A) in paragraph (1)(A), by inserting ``(or the 
                domestic partner, if any, and any former domestic 
                partner)'' after ``the spouse, if any, and any former 
                spouse''; and
                    (B) by inserting ``(or domestic partner or former 
                domestic partner)'' after ``spouse or former spouse'' 
                each place it appears.

SEC. 207. ALTERNATIVE FORMS OF ANNUITIES.

     Section 8343a is amended--
            (1) in subsection (b)(2), by inserting ``(or in a domestic 
        partnership)'' after ``married'';
            (2) in subsection (b)(2)(B), by inserting ``(or surviving 
        domestic partner)'' after ``surviving spouse''; and
            (3) in subsection (e), by inserting ``(or in a domestic 
        partnership)'' after ``married''.

SEC. 208. ADMINISTRATION; REGULATIONS.

     Section 8347(n)(1)(D) is amended by striking ``their spouses, and 
their former spouses'' and inserting ``their spouses, domestic 
partners, former spouses, and former domestic partners''.

SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN.

     Section 8351(b)(5) is amended--
            (1) in subparagraphs (A), (B), and (C), by inserting ``(or 
        domestic partner)'' after ``spouse'' each place it appears;
            (2) in subparagraph (B), by striking ``a married employee 
        or Member'' and inserting ``an employee or Member who is 
        married (or in a domestic partnership)''; and
            (3) in subparagraph (D), by inserting ``(or domestic 
        partner or former domestic partner)'' after ``spouse or former 
        spouse''.

            TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

SEC. 301. DEFINITIONS.

     Section 8401 is amended--
            (1) in paragraph (35), by striking ``and'' at the end;
            (2) in paragraph (36), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(37) `former domestic partner' means a former domestic 
        partner of an individual--
                    ``(A) if such individual performed at least 18 
                months of civilian service creditable under section 
                8411 as an employee or Member; and
                    ``(B) if the former domestic partner was in a 
                domestic partnership with such individual for at least 
                9 months.''.

SEC. 302. CREDITABLE SERVICE.

     Section 8411 is amended--
            (1) in subsection (c)(4)(C)(ii), by inserting ``(or former 
        domestic partner)'' after ``former spouse'';
            (2) in subsection (l)(4)(B)(i), by inserting ``(or domestic 
        partner)'' after ``spouse''; and
            (3) in subsection (l)(5), by inserting ``(or domestic 
        partner)'' after ``spouse'' each place it appears.

SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE OR A CURRENT DOMESTIC 
              PARTNER.

    (a) In General.-- Section 8416 is amended--
            (1) in the catchline, by inserting ``or a current domestic 
        partner'' after ``spouse'';
            (2) in subsection (a)--
                    (A) by inserting ``(or in a domestic partnership)'' 
                after ``married'' each place it appears;
                    (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears; and
                    (C) by inserting ``(or domestic partner's)'' after 
                ``spouse's'' each place it appears;
            (3) by amending subsection (b) to read as follows:
    ``(b)(1) Upon remarriage (or entry into a subsequent domestic 
partnership), a retired employee or Member who was married (or in a 
domestic partnership) at the time of retirement, including an employee 
or Member whose annuity was not reduced to provide a survivor annuity 
for the employee's or Member's spouse or former spouse (or domestic 
partner or former domestic partner) as of the time of retirement, may 
irrevocably elect during such marriage (or domestic partnership), in a 
signed writing received by the Office--
            ``(A) within 2 years after such remarriage (or entry into a 
        subsequent domestic partnership), or
            ``(B) if later, within 2 years after--
                    ``(i) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any former domestic partner) of such 
                employee or Member who was entitled to a survivor 
                annuity under section 8445, or
                    ``(ii) if there was more than 1, the death or 
                remarriage of the last such surviving former spouse (or 
                the death of or entry into a subsequent domestic 
                partnership by the last such surviving former domestic 
                partner),
a reduction in the employee's or Member's annuity under section 8419(a) 
for the purpose of providing an annuity for such employee's or Member's 
spouse (or domestic partner) in the event such spouse (or domestic 
partner) survives the employee or Member.
    ``(2) The election and reduction shall be effective the first day 
of the second month after the election is received by the Office, but 
not less than 9 months after the date of the remarriage (or entry into 
the subsequent domestic partnership).
    ``(3) An election to provide a survivor annuity to an individual 
under this subsection--
            ``(A) shall prospectively void any election made by the 
        employee or Member under section 8420 with respect to such 
        individual; or
            ``(B) shall, if an election was made by the employee or 
        Member under section 8420 with respect to a different 
        individual, prospectively void such election if appropriate 
        written application is made by such employee or Member at the 
        time of making the election under this subsection.
    ``(4) Any election under this subsection made by an employee or 
Member on behalf of an individual after the retirement of such employee 
or Member shall not be effective if--
            ``(A) the employee or Member was married to (or in a 
        domestic partnership with) such individual at the time of 
        retirement; and
            ``(B) the annuity rights of such individual based on the 
        service of such employee or Member were then waived under 
        subsection (a).''.
            (4) in subsection (c)--
                    (A) by striking the matter before paragraph (2) and 
                inserting the following:
    ``(c)(1) An employee or Member who is unmarried (and not in a 
domestic partnership) at the time of retiring under this chapter and 
who later marries (or enters into a domestic partnership) may 
irrevocably elect, in a signed writing received by the Office--
            ``(A) within 2 years after such employee or Member marries 
        (or enters into a domestic partnership), or
            ``(B) if later, within 2 years after--
                    ``(i) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any domestic partner) of such employee 
                or Member who was entitled to a survivor annuity under 
                section 8445,
                    ``(ii) if more than 1, the death or remarriage of 
                the last such surviving former spouse (or the death of 
                or the entry into a subsequent domestic partnership by 
                the last such surviving domestic partner),
        a reduction in the current annuity of the retired employee or 
        Member, in accordance with section 8419(a).''; and
                    (B) in paragraph (2), by striking ``marriage.'' and 
                inserting ``marriage (or domestic partnership).''; and
            (5) in subsection (d)(1)--
                    (A) by inserting ``(or in a domestic partnership)'' 
                after ``married''; and
                    (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears.
    (b) Clerical Amendment.--The table of sections for chapter 84, is 
amended by striking the item relating to section 8416 and inserting the 
following:

``8416. Survivor reduction for a current spouse or a current domestic 
                            partner.''.

SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE OR FORMER DOMESTIC 
              PARTNER.

    (a) In General.-- Section 8417 is amended--
            (1) in the catchline, by inserting ``or a former domestic 
        partner'' after ``former spouse'' ;
            (2) in subsection (a), by inserting ``(or a former domestic 
        partner)'' after ``former spouse'';
            (3) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears;
                    (B) by amending paragraph (2) to read as follows:
    ``(2) An election under this subsection shall be made at the time 
of retirement or, if the marriage is dissolved (or the domestic 
partnership is terminated) after the date of retirement, within 2 years 
after the date on which the marriage of the former spouse to the 
employee or Member is so dissolved (or the domestic partnership of the 
former domestic partner with the employee or Member is so 
terminated).''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)(ii), by inserting 
                        ``(or a surviving partner)'' after ``a widow or 
                        widower''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
            ``(B) shall not be effective, in the case of an employee or 
        Member who is then married (or in a domestic partnership), 
        unless it is made with the spouse's (or domestic partner's) 
        written consent.''.
    (b) Clerical Amendment.--The table of sections for chapter 84 of 
title 5, United States Code, is amended by striking the item relating 
to section 8417 and inserting the following:

``8417. Survivor reduction for a former spouse or a former domestic 
                            partner.''.

SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS.

     Section 8418(b) is amended--
            (1) by inserting ``(or domestic partnership)'' after 
        ``marriage''; and
            (2) by striking ``former spouse.'' and inserting ``former 
        spouse (or former domestic partner).''.

SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION.

     Section 8419 is amended--
            (1) in subsection (a), by inserting ``(or domestic 
        partner)'' after ``spouse'' each place it appears; and
            (2) by amending subsection (b) to read as follows:
    ``(b)(1) Any reduction in an annuity for the purpose of providing a 
survivor annuity for the current spouse (or current domestic partner) 
of a retired employee or Member shall be terminated for each full 
month--
            ``(A) after the death of the spouse (or domestic partner); 
        or
            ``(B) after the dissolution of the spouse's marriage to (or 
        the termination of the domestic partner's domestic partnership 
        with) the employee or Member, except that an appropriate 
        reduction shall be made thereafter if the spouse (or domestic 
        partner) is entitled, as a former spouse (or former domestic 
        partner), to a survivor annuity under section 8445.
    ``(2) Any reduction in an annuity for the purpose of providing a 
survivor annuity for a former spouse (or former domestic partner) of a 
retired employee or Member shall be terminated for each full month 
after the former spouse remarries (or the former domestic partner 
enters into a subsequent domestic partnership) before reaching age 55 
or dies. This reduction shall be replaced by appropriate reductions 
under subsection (a) if the retired employee or Member has--
            ``(A) another former spouse (or former domestic partner) 
        who is entitled to a survivor annuity under section 8445;
            ``(B) a current spouse to whom the employee or Member was 
        married (or a current domestic partner with whom the employee 
        or Member was in a domestic partnership) at the time of 
        retirement and with respect to whom a survivor annuity was not 
        waived under section 8416(a) or, if waived, with respect to 
        whom an election under section 8416(d) has been made; or
            ``(C) a current spouse whom the employee or Member married 
        (or current domestic partner with whom the employee or Member 
        entered into a domestic partnership) after retirement and with 
        respect to whom an election has been made under subsection (b) 
        or (c) of section 8416.''.

SEC. 307. INSURABLE INTEREST REDUCTIONS.

     Section 8420 is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``married employee or Member'' and 
                inserting ``employee or Member who is married (or in a 
                domestic partnership)''; and
                    (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears; and
            (2) in subsection (b)(2), by inserting ``(or former 
        domestic partner)'' after ``former spouse''.

SEC. 308. ALTERNATIVE FORMS OF ANNUITIES.

     Section 8420a is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter before subparagraph (A), by 
                inserting ``(or in a domestic partnership)'' after 
                ``married''; and
                    (B) in subparagraph (B), by striking ``surviving 
                spouse.'' and inserting ``surviving spouse (or 
                surviving domestic partner).'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``married,'' and 
                inserting ``married (or in a domestic partnership),'' 
                and
                    (B) in paragraph (2), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears; and
            (3) in subsection (e), by inserting ``(or in a domestic 
        partnership)'' after ``married''.

SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER OF 
              PRECEDENCE.

     Section 8424 is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``the 
                        spouse, if any, and any former spouse'' and 
                        inserting ``any spouse or former spouse (and 
                        any domestic partner or former domestic 
                        partner)''; and
                            (ii) in subparagraph (B), by striking 
                        ``spouse or former spouse'' each place it 
                        appears and inserting ``spouse or former spouse 
                        (or domestic partner or former domestic 
                        partner)''; and
                    (B) in paragraph (2), by striking ``spouse or 
                former spouse'' each place it appears and inserting 
                ``spouse or former spouse (or domestic partner or 
                former domestic partner)''; and
            (2) in subsection (d), by striking ``widow or widower'' and 
        inserting ``widow or widower (or surviving partner)''.

SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; PURCHASE.

     Section 8434(a)(2) is amended--
            (1) in subparagraph (B), by inserting ``(or domestic 
        partner)'' after ``spouse''; and
            (2) in subparagraph (E)(i), by inserting ``(or former 
        domestic partner)'' after ``former spouse''.

SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER SPOUSES, 
              AND FORMER DOMESTIC PARTNERS.

    (a) In General.-- Section 8435 is amended--
            (1) in the catchline, by striking ``spouses and former 
        spouses'' and inserting ``spouses, domestic partners, former 
        spouses, and former domestic partners'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``A 
                        married employee or Member (or former employee 
                        or Member)'' each place it appears and 
                        inserting ``An employee or Member, or former 
                        employee or former Member, who is married (or 
                        in a domestic partnership)''; and
                            (ii) in subparagraph (B), by inserting ``or 
                        domestic partner'' after ``spouse'' each place 
                        it appears; and
                    (B) in paragraph (2), by inserting ``(or domestic 
                partner's)'' after ``spouse's'' each place it appears;
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(or surviving domestic 
                        partner)'' after ``surviving spouse'' each 
                        place it appears; and
                            (ii) by inserting ``(or in a domestic 
                        partnership)'' after ``married''; and
                    (B) in paragraph (2)(A), by inserting ``(or 
                domestic partner)'' after ``spouse'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' the first 2 
                places it appears;
                    (B) in paragraphs (3) through (6), by inserting 
                ``(or former domestic partner)'' after ``former 
                spouse'' each place it appears;
                    (C) in paragraph (3)(B), by inserting ``(or former 
                domestic partners)'' after ``former spouses''; and
                    (D) in paragraph (3)(A), by inserting ``(or 
                surviving domestic partner)'' after ``surviving 
                spouse'';
            (5) in subsection (e)(1)--
                    (A) by striking the matter before subparagraph (B) 
                and inserting the following:
    ``(e)(1)(A) A loan or withdrawal under subsection (g) or (h) of 
section 8433 may be made to an employee or Member who is married (or in 
a domestic partnership) only if the employee's or Member's spouse (or 
domestic partner) consents to such loan or withdrawal in writing.''; 
and
                    (B) in subparagraph (C), by inserting ``(or 
                domestic partner's)'' after ``spouse's'' each place it 
                appears; and
            (6) in subsection (g), by inserting ``(or domestic partner 
        or former domestic partner)'' after ``spouse or former 
        spouse''.
    (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8435 and inserting the 
following:

``8435. Protections for spouses, domestic partners, former spouses, and 
                            former domestic partners.''.

SEC. 312. JUSTICES AND JUDGES.

     Section 8440a(b)(6) is amended by inserting ``(or domestic 
partners)'' after ``spouses''.

SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS.

     Section 8441 is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively, and by inserting after paragraph (2) 
        the following:
            ``(3) the term `surviving partner' means the surviving 
        domestic partner of an employee, Member, or annuitant, or of a 
        former employee or Member, who--
                    ``(A) was in a domestic partnership with such 
                employee, Member, or annuitant, or former employee or 
                Member, for at least 9 months immediately before the 
                death of such employee, Member, or annuitant, or former 
                employee or Member; or
                    ``(B) satisfies such other requirement, based on 
                parenthood, as the Office of Personnel Management shall 
                by regulation prescribe based on the definition of a 
                widow or widower under this section;'';
            (2) in paragraph (5) (as so redesignated by paragraph 
        (1))--
                    (A) in subparagraph (A), by inserting ``(or 
                surviving partner)'' after ``widow or widower''; and
            (3) by adding at the end the following:
``The Office shall prescribe regulations to provide that, for purposes 
of applying the provisions of paragraph (5)(A)(ii) (relating to the 
treatment of a stepchild) in the case of a domestic partnership, rules 
similar to those prescribed to carry out section 8901(5)(B) in similar 
circumstances shall apply.''.

SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING PARTNER.

    (a) In General.--Section 8442 is amended--
            (1) in the catchline, by striking ``widow or widower'' and 
        inserting ``widow, widower, or surviving partner'';
            (2) in subsection (a)--
                    (A) by inserting ``(or surviving partner)'' after 
                ``widow or widower'' each place it appears;
                    (B) in paragraph (1)(B), by inserting ``(or entry 
                into a domestic partnership)'' after ``marriage''; and
                    (C) in paragraph (2), by inserting ``(or domestic 
                partner)'' after ``spouse'' each place it appears;
            (3) in subsection (b), by inserting ``(or surviving 
        partner)'' after ``widow or widower'' each place it appears;
            (4) in subsection (c)--
                    (A) in paragraph (1), (in the matter before 
                subparagraph (A)), by inserting ``(or a surviving 
                partner with whom in a domestic partnership)'' after 
                ``widow or widower to whom married''; and
                    (B) by striking ``widow or widower'' each place it 
                appears (other than where amended by subparagraph (A)) 
                and inserting ``widow or widower (or surviving 
                partner)'';
            (5) in subsection (d)--
                    (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)'';
                    (B) in paragraph (1)(B), by inserting ``(or enters 
                into a subsequent domestic partnership)'' after 
                ``remarries'';
                    (C) in paragraph (2)--
                            (i) by striking ``remarriage before'' and 
                        inserting ``remarriage (or entry into a 
                        subsequent domestic partnership) before'';
                            (ii) by striking ``remarriage is dissolved 
                        by death, divorce, or annulment,'' and 
                        inserting ``remarriage is dissolved by death, 
                        divorce, annulment (or subsequent domestic 
                        partnership is terminated),'';
                            (iii) in subparagraph (A), by striking 
                        ``remarriage;'' and inserting ``remarriage (or 
                        entry into a subsequent domestic 
                        partnership);''; and
                    (D) in paragraph (3)--
                            (i) by inserting ``or entry into a 
                        subsequent domestic partnership'' after 
                        ``remarriage''; and
                            (ii) by inserting ``(or in a domestic 
                        partnership for at least 30 years with)'' after 
                        ``married for at least 30 years to'';
            (6) in subsection (e)--
                    (A) by inserting ``(or surviving partner)'' after 
                ``widow or widower'' each place it appears;
                    (B) by inserting ``(or in a domestic partnership 
                with)'' after ``been married to''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) the surviving spouse (or surviving domestic partner) 
        of such individual had been previously married to (or in a 
        domestic partnership with) the individual that was subsequently 
        dissolved (or terminated), and the aggregate time married (or 
        in a domestic partnership) is at least 9 months.'';
            (7) in subsection (g), by striking ``widow or widower'' and 
        inserting ``widow, widower, or surviving partner'' each place 
        it appears; and
            (8) in subsection (h)--
                    (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)''; and
                    (B) by inserting ``(or former domestic partner)'' 
                after ``former spouse'' each place it appears.
    (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8442 and inserting the 
following:

``8442. Rights of a widow, widower, or surviving partner.''.

SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DOMESTIC PARTNER.

    (a) In General.--Section 8445 is amended--
            (1) in the catchline, by striking ``former spouse'' and 
        inserting ``former spouse or former domestic partner'';
            (2) in subsection (a), by inserting ``(or former domestic 
        partner)'' after ``former spouse'';
            (3) in subsection (b)--
                    (A) by inserting ``(or former domestic partner)'' 
                after ``former spouse'' each place it appears; and
                    (B) in paragraph (2), by inserting ``(or surviving 
                partner)'' after ``widow or widower'';
            (4) in subsection (c)(2), by inserting ``(or the former 
        domestic partner enters into a subsequent domestic 
        partnership)'' after ``former spouse remarries'';
            (5) in subsection (e), by inserting ``(or former domestic 
        partner)'' after ``former spouse'' each place it appears; and
            (6) by amending subsection (h) to read as follows:
    ``(h)(1) Subsection (c)(2), to the extent that it provides for 
termination of a survivor annuity because of a remarriage (or entry 
into a subsequent domestic partnership) before age 55, shall not apply 
if the former spouse (or former domestic partner) was married to (or in 
a domestic partnership with) the individual on whose service the 
survivor annuity is based for at least 30 years.
    ``(2) A remarriage (or entry into a subsequent domestic 
partnership) described in paragraph (1) shall not be taken into account 
for purposes of section 8419(b)(1)(B) or any other provision of this 
chapter which the Director may by regulation identify in order to carry 
out the purposes of this subsection.''.
    (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8445 and inserting the 
following:

``8445. Rights of a former spouse or former domestic partner.''.

SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MANAGEMENT.

     Section 8461(j)(1)(D) is amended by striking ``such employees, 
their spouses, their former spouses, and their survivors'' and 
inserting ``such employees and their spouses, domestic partners, former 
spouses, former domestic partners, and survivors''.

SEC. 317. COST-OF-LIVING ADJUSTMENTS.

     Section 8462(c) is amended--
            (1) in paragraph (2), by striking ``survivor (other than a 
        widow or widower whose annuity is computed under section 
        8442(g) or a child under section 8443)'' and inserting the 
        following: ``survivor, other than a widow or widower (or 
        surviving partner) whose annuity is computed under section 
        8442(g) or a child under section 8443,'';
            (2) in paragraph (4) (in the matter before subparagraph 
        (A)), by inserting ``(or surviving partner)'' after ``widow or 
        widower''; and
            (3) in paragraph (4)(B)(i), by inserting ``(or surviving 
        partner's)'' after ``widow's or widower's''.

SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND PENALTIES.

     Section 8477(a)(4)(F) is amended to read as follows:
                    ``(F) a spouse (or domestic partner), sibling, 
                ancestor, lineal descendant, or spouse (or domestic 
                partner) of a lineal descendant of a person described 
                in subparagraph (A), (B), or (D);''.

                      TITLE IV--INSURANCE BENEFITS

SEC. 401. LIFE INSURANCE.

    (a) In General.--Chapter 87 is amended--
            (1) in section 8701(d)--
                    (A) in paragraph (1)(A), by inserting ``or domestic 
                partner'' after ``spouse''; and
                    (B) by adding at the end the following:
    ``(3) In the case of an individual whose domestic partner has a 
child by a previous marriage, domestic partnership (as defined under 
regulations of the Office of Personnel Management), or otherwise, such 
child shall, unless adopted by such individual, be treated as a 
stepchild of such individual.'';
            (2) in section 8705(a), by inserting ``or surviving 
        domestic partner'' after ``widow or widower''; and
            (3) in section 8714c(b)(1)(A), by striking ``spouse;'' and 
        inserting ``spouse or domestic partner;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to calendar years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 402. HEALTH INSURANCE.

    (a) Definitions.--Section 8901 is amended--
            (1) in paragraph (5) (in the matter before subparagraph 
        (A)), by inserting ``or domestic partner'' after ``the 
        spouse'';
            (2) in paragraph (8)(B), by striking ``or former spouses,'' 
        and inserting ``former spouses, or former domestic partners,'';
            (3) by striking ``and'' at the end of paragraph (10), by 
        redesignating paragraph (11) as paragraph (12), and by 
        inserting after paragraph (10) the following:
            ``(11) `former domestic partner' means a domestic partner--
                    ``(A) whose domestic partnership with an employee, 
                former employee, or annuitant has terminated,
                    ``(B) who has not entered into another domestic 
                partnership before age 55 after the domestic 
                partnership to the employee, former employee, or 
                annuitant was terminated,
                    ``(C) who was enrolled in an approved health 
                benefits plan under this chapter as a family member at 
                any time during the 18-month period before the date of 
                the termination of the domestic partnership to the 
                employee, former employee, or annuitant, and
                    ``(D)(i) who is receiving any portion of a survivor 
                annuity under section 8341(h) or 8445 (or benefits 
                similar to either of the aforementioned annuity 
                benefits under a retirement system for Government 
                employees other than the Civil Service Retirement 
                System or the Federal Employees' Retirement System),
                    ``(ii) for whom an election has been made under 
                section 8339(j)(3) or 8417(b) (or similar provision of 
                law), or
                    ``(iii) who is otherwise entitled to an annuity or 
                any portion of an annuity as a former domestic partner 
                under a retirement system for Government employees,
        except that such term shall not include any such former 
        domestic partner, who has not entered into another domestic 
        partnership, of a former employee whose domestic partnership 
        was terminated after the former employee's separation from the 
        service (other than by retirement); and''; and
            (4) by adding after paragraph (12) (as so redesignated by 
        paragraph (3)), as a flush left sentence, the following:
``For purposes of paragraph (5), in the case of an employee or 
annuitant whose domestic partner has a child by a previous marriage, 
domestic partnership (as defined under regulations of the Office of 
Personnel Management), or otherwise, such child shall, unless adopted 
by such individual, be treated as a stepchild of such individual.''.
    (b) Contracting Authority.--Section 8902 is amended in subsections 
(g), (j), and (k)(1), by inserting ``former domestic partner,'' after 
``former spouse,'' each place it appears.
    (c) Debarment and Other Sanctions.--Section 8902a(a)(1)(B) is 
amended by striking ``or former spouse'' and inserting ``former spouse, 
or former domestic partner''.
    (d) Health Benefits Plans.--Section 8903(1) is amended--
            (1) by inserting ``former domestic partners,'' after 
        ``former spouses,''; and
            (2) by inserting ``former domestic partner,'' after 
        ``former spouse,''.
    (e) Election of Coverage.--Section 8905 is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(3) The Office shall prescribe regulations to ensure that, in the 
administration of this subsection, parity of treatment is afforded--
            ``(A) to former spouses and former domestic partners; and
            ``(B) to the children of a marriage that has been dissolved 
        and the children of a domestic partnership that has been 
        terminated.'';
            (2) in subsection (e)--
                    (A) by inserting ``or domestic partner'' after 
                ``has a spouse''; and
                    (B) by striking ``either spouse,'' and inserting 
                ``either spouse or domestic partner,''; and
            (3) in subsections (f) and (g), by inserting ``former 
        domestic partner,'' after ``former spouse,'' each place it 
        appears.
    (f) Continued Coverage.--Section 8905a is amended by adding at the 
end the following:
    ``(g) The Office shall prescribe regulations to ensure that, in the 
administration of this section, parity of treatment is afforded--
            ``(1) to former spouses and former domestic partners; and
            ``(2) to the children of a marriage that has been dissolved 
        and the children of a domestic partnership that has been 
        terminated.''.
    (g) Coverage of Restored Employees and Survivor or Disability 
Annuitants.--Section 8908(b) is amended--
            (1) by inserting ``or surviving domestic partner'' after 
        ``surviving spouse''; and
            (2) by inserting ``or a subsequent domestic partnership'' 
        after ``because of remarriage''.
    (h) Regulations.--Section 8913(c) is amended--
            (1) by striking ``and former spouses'' and inserting 
        ``former spouses, and former domestic partners''; and
            (2) by striking ``annuitant or former spouse'' and 
        inserting ``annuitant, former spouse, or former domestic 
        partner''.
    (i) Effective Date.--The amendments made by this section shall 
apply with respect to contract years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 403. ENHANCED DENTAL BENEFITS.

    (a) In General.--Chapter 89A is amended--
            (1) in section 8956(a)--
                    (A) by inserting ``or domestic partner'' after ``a 
                spouse''; and
                    (B) by striking ``either spouse,'' and inserting 
                ``either spouse or either domestic partner (as the case 
                may be),''; and
            (2) in section 8957, by inserting ``surviving domestic 
        partner,'' after ``surviving spouse,''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to contract years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 404. ENHANCED VISION BENEFITS.

    (a) In General.--Chapter 89B is amended--
            (1) in section 8986(a)--
                    (A) by inserting ``or domestic partner'' after ``a 
                spouse''; and
                    (B) by striking ``either spouse,'' and inserting 
                ``either spouse or either domestic partner (as the case 
                may be),''; and
            (2) in section 8987, by inserting ``surviving domestic 
        partner,'' after ``surviving spouse,''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to contract years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 405. LONG-TERM CARE INSURANCE.

    (a) In General.--Chapter 90 is amended--
            (1) in section 9001(5)--
                    (A) in subparagraph (A), by striking ``or (4).'' 
                and inserting ``or (4) (and the domestic partner of an 
                individual described in paragraph (1), (2), or (4) or 
                of an individual who satisfies paragraph (3) by virtue 
                of having been appointed to a position in the 
                commissioned corps of the Public Health Service or the 
                commissioned corps of the National Oceanic and 
                Atmospheric Administration).''; and
                    (B) in subparagraph (C), by inserting ``or of the 
                domestic partner of such an individual,'' after 
                ``(4),''; and
            (2) in section 9002(e)(2)--
                    (A) in the heading, by striking ``Spousal parity'' 
                and inserting the following: ``Parity for spouse or 
                domestic partner''; and
                    (B) by inserting ``or domestic partner'' after 
                ``spouse''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to calendar years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

            TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON MONEY RECEIVED FOR TRAVEL 
              EXPENSES.

    (a) In General.--Section 5706c is amended--
            (1) in subsection (a), by striking ``by an employee and 
        such employee's spouse (if filing jointly),'' and inserting 
        ``by an employee and such employee's spouse (or, where 
        allowable, such employee's domestic partner), if filing 
        jointly,''; and
            (2) in subsection (b), by striking ``employee and spouse, 
        as the case may be,'' and inserting ``employee and spouse (or 
        domestic partner), as the case may be''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to taxable years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED OR REEMPLOYED.

    (a) In General.--Section 5724a(b)(1)(A) is amended by striking 
``employee's spouse'' and inserting ``employee's spouse (or domestic 
partner)''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to expenses incurred after the end of the 6-month period 
beginning on the date of the enactment of this Act.

SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, TRANSPORTATION, AND 
              RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED.

    (a) In General.--Section 5724b(a) is amended--
            (1) by striking ``by an employee and such employee's spouse 
        (if filing jointly),'' and inserting ``by an employee and such 
        employee's spouse (or, where allowable, such employee's 
        domestic partner), if filing jointly,''; and
            (2) by striking ``employee and spouse, as the case may 
        be,'' and inserting ``employee and spouse (or domestic 
        partner), as the case may be,''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to taxable years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.

SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS PERFORMING AN 
              EXTENDED ASSIGNMENT.

    (a) In General.--Section 5737(a)(4) is amended by inserting ``(or 
domestic partner)'' after ``employee and spouse''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to expenses incurred after the end of the 6-month period 
beginning on the date of the enactment of this Act.

                TITLE VI--COMPENSATION FOR WORK INJURIES

SEC. 601. DEFINITIONS.

    Section 8101 is amended--
            (1) in paragraph (9), by inserting ``children (including 
        adopted children) of a domestic partner,'' after ``adopted 
        children,'';
            (2) in paragraph (19), by striking ``and'' at the end;
            (3) in paragraph (20), by striking the period and inserting 
        a semicolon; and
            (4) by adding after paragraph (20) the following:
            ``(21) `domestic partner' means an individual who is in a 
        domestic partnership with another individual of the same sex, 
        as determined by the Secretary of Labor for purposes of this 
        subchapter pursuant to regulations issued by the Secretary, in 
        consultation with the Director of the Office of Personnel 
        Management, consistent with the requirements that--
                    ``(A) both individuals are at least 18 years of age 
                and competent to contract;
                    ``(B) both individuals intend to remain in the 
                domestic partnership indefinitely;
                    ``(C) such individuals--
                            ``(i) have a common residence; or
                            ``(ii) do not have a common residence 
                        because of financial, employment-related, or 
                        other reasons;
                    ``(D) neither individual is married to or in a 
                domestic partnership with anyone outside of the 
                domestic partnership referred to in subparagraph (B);
                    ``(E) the 2 individuals share responsibility for a 
                significant measure of each other's common welfare and 
                financial obligations;
                    ``(F) the 2 individuals are not related in a way 
                that, if they were of the opposite sex, would prohibit 
                legal marriage in the jurisdiction in which either of 
                them resides;
                    ``(G) at least 1 of them is an employee or an 
                individual otherwise eligible for coverage under this 
                subchapter based on such individual's employment or 
                other service; and
                    ``(H) both individuals understand that willful 
                falsification of information within the affidavit or 
                failure to provide appropriate notification of the 
                termination of the domestic partnership may lead to the 
                recovery of the amounts obtained as a result of such 
                falsification or failure (as the case may be), criminal 
                or other penalties, and (in appropriate circumstances) 
                disciplinary action; and
            ``(22) `surviving partner' means the domestic partner 
        living with or dependent for support on the decedent at the 
        time of his or her death, or living apart for reasonable cause 
        or because of his or her desertion.''.

SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH 
              EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

    Section 8102a(d) is amended--
            (1) in paragraph (1)(A), by striking ``surviving spouse.'' 
        and inserting ``surviving spouse (or surviving partner).''; and
            (2) in paragraph (2)(C), by inserting ``(including children 
        of a domestic partner)'' after ``stepchildren''.

SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF PRECEDENCE.

    Section 8109(a)(D) is amended--
            (1) in clause (i), by striking ``the widow or widower.'' 
        and inserting ``the widow or widower (or the surviving 
        partner).'';
            (2) in clause (ii)--
                    (A) by inserting ``(or a surviving partner)'' after 
                ``a widow or widower''; and
                    (B) by inserting ``(or the surviving partner)'' 
                after ``the widow or widower''; and
            (3) in clause (iii), by striking ``no widow or widower,'' 
        and inserting ``no widow or widower (and no surviving 
        partner),''.

SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS.

    Section 8110(a) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) a domestic partner, if--
                    ``(A) he or she is a member of the same household 
                as the employee;
                    ``(B) he or she is receiving regular contributions 
                from the employee for his or her support; or
                    ``(C) the employee has been ordered by a court to 
                contribute to his or her support.''.

SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSATION.

    Section 8116(c) is amended by striking ``spouse,'' and inserting 
``spouse (or domestic partner),''.

SEC. 606. COMPENSATION IN CASE OF DEATH.

    Section 8133 is amended--
            (1) in subsection (a)--
                    (A) in paragraphs (1) and (2), by striking ``the 
                widow or widower,'' and inserting ``the widow or 
                widower (or the surviving partner),''; and
                    (B) in paragraph (2), by inserting ``(or the 
                surviving partner)'' after ``for the widow or 
                widower'';
                    (C) in paragraph (3), by striking ``no widow or 
                widower,'' and inserting ``no widow or widower (and no 
                surviving partner),''; and
                    (D) in paragraphs (4) and (5), by inserting 
                ``surviving partner,'' after ``widow, widower,'' each 
                place it appears; and
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) a widow or widower dies or remarries (or a surviving 
        partner dies or enters into a subsequent domestic partnership) 
        before reaching age 55;''; and
                    (B) in the last sentence--
                            (i) by inserting ``(or surviving partner)'' 
                        after ``widow or widower''; and
                            (ii) by inserting ``(or more than one 
                        domestic partner)'' after ``husband or wife''.

SEC. 607. LUMP-SUM PAYMENT.

    Section 8135(b) is amended to read as follows:
    ``(b) On remarriage (or entry into a subsequent domestic 
partnership) before reaching age 55 a widow or widower (or surviving 
partner) entitled to compensation under section 8133 of this title, 
shall be paid a lump sum equal to twenty-four times the monthly 
compensation payment (excluding compensation on account of another 
individual) to which that individual was entitled immediately before 
the remarriage (or subsequent domestic partnership).''.

SEC. 608. REGULATIONS.

    (a) In General.--The Secretary of Labor may prescribe regulations 
to carry out this title and the amendments made by this title.
    (b) Consultation.--The Secretary of Labor shall consult with the 
Director of the Office of Personnel Management and the heads of any 
other agencies whose programs are affected by this Act in order to 
standardize, to the extent possible, the process for establishing the 
existence of a domestic partnership under each such program.

SEC. 609. EFFECTIVE DATE.

    (a) In General.--Subject to succeeding provisions of this section, 
this title and the amendments made by this title--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) shall apply with respect to any injury or death 
        occurring before, on, or after such date of enactment.
    (b) Timely Claim Required; Limitation on Payments.--No compensation 
shall be payable, by virtue of the enactment of this title--
            (1) unless timely claim therefor is filed in accordance 
        with the provisions of sections 8122 or 8193 of title 5, United 
        States Code (as applicable), and subsection (c); or
            (2) with respect to any period commencing before the date 
        of enactment of this Act.
    (c) Allowability of Claims.--In the case of an original claim for 
compensation for a disability or death that occurred before the date of 
enactment of this Act (and which would not otherwise be payable, but 
for the enactment of the amendments made by this title)--
            (1) such claim shall not be allowed if, as of such date of 
        enactment, a claim based on such disability or death would no 
        longer be timely (determined in accordance with such section 
        8122 or 8193 (as applicable), before the application of 
        paragraph (2)); and
            (2) the timeliness of any such claim, if not precluded by 
        paragraph (1), shall be determined--
                    (A) by applying the provisions of such section 8122 
                or 8193 (as applicable); and
                    (B) as if the time limitations of such section 8122 
                or 8193 (as applicable) did not begin to run until the 
                date on which implementing regulations under section 
                608 become effective.
    (d) Payments for Prior Periods Not Affected.--No recovery shall be 
made of compensation paid to any individual whose entitlement to 
compensation is terminated or reduced as a result of the enactment of 
this title.

  TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER 
                                MATTERS

SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS.

    Section 3110(a)(3) is amended by inserting ``domestic partner,'' 
after ``husband, wife,''.

SEC. 702. SETTLEMENT OF ACCOUNTS.

    (a) Definition.--Section 5581 is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking ``by Federal statute.'' 
        at the end and inserting ``by Federal statute; and''; and
            (3) by adding at the end the following:
            ``(3) `surviving partner' has the meaning given it by 
        sections 8341 and 8441, respectively.''.
    (b) Order of Precedence.--Section 5582(b) is amended by inserting 
``(or surviving partner)'' after ``widow or widower''.

SEC. 703. BENEFITS FOR CAPTIVES.

    Section 5569(j) is amended by adding at the end the following: 
``Such regulations shall include provisions to ensure that, in the 
administration of this section, a domestic partner shall be afforded 
the same status as a spouse.''.

SEC. 704. COMPENSATION FOR DISABILITY OR DEATH.

    Section 5570 is amended by adding at the end the following:
    ``(h) Regulations to carry out this section shall include 
provisions to ensure that, in the administration of this section, a 
domestic partner shall be afforded the same status as a spouse.''.

SEC. 705. FAMILY AND MEDICAL LEAVE.

    (a) Definition.--Section 6381(6) is amended (in the matter before 
subparagraph (A)), by inserting ``or a biological, adopted, or foster 
child of the domestic partner of the employee,'' before ``who is''.
    (b) Leave Requirement.--Section 6382 is amended in subsections 
(a)(1)(C) and (e)(2)(A) by striking ``spouse,'' and inserting ``spouse 
(or domestic partner),''.
    (c) Certification.--Section 6383 is amended in subsections (a) and 
(b)(4)(A) by striking ``spouse,'' each place it appears and inserting 
``spouse (or domestic partner),''.

                   TITLE VIII--ADDITIONAL PROVISIONS

SEC. 801. APPLICABILITY.

    This title applies with respect to--
            (1) benefits in the nature of family, medical, and 
        emergency leave, as provided for under--
                    (A) the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.), insofar as that Act applies to 
                the Government Accountability Office and the Library of 
                Congress;
                    (B) section 202 of the Congressional Accountability 
                Act of 1995 (2 U.S.C. 1312); or
                    (C) section 412 of title 3, United States Code;
            (2) travel, transportation, and related payments and 
        benefits, as provided for under--
                    (A) chapter 9 of title I of the Foreign Service Act 
                of 1980 (22 U.S.C. 4081 et seq.); or
                    (B) section 1599b of title 10, United States Code;
            (3) benefits for members of the commissioned officer corps 
        of the National Oceanic and Atmospheric Administration, as 
        provided for under--
                    (A) section 261 of the National Oceanic and 
                Atmospheric Administration Commissioned Officer Corps 
                Act of 2002 (33 U.S.C. 3071); or
                    (B) any other provisions of title 10, United States 
                Code (apart from those made applicable by the provision 
                of law cited in subparagraph (A)); and
            (4) benefits, provided for under any other provisions of 
        law, which (as determined by the President or a designee)--
                    (A) relate to employees or annuitants (as those 
                terms are defined by section 2110 of title 5, United 
                States Code); and
                    (B) are necessary to carry out the purposes of this 
                Act with respect to benefits.

SEC. 802. REGULATIONS.

    The President (or designee) shall prescribe any regulations 
necessary to ensure that the provisions of law identified in or under 
section 801 are administered in a manner consistent with the purposes 
of this Act.

      TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978

SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978.

    The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by 
adding at the end of title I the following:

                          ``domestic partners

    ``Sec. 112.  (a) An employee, former employee, or annuitant and the 
domestic partner of such employee, former employee, or annuitant (as 
the case may be) shall be subject to the provisions of law cited in 
subsection (b) to the same extent and in the same manner as in the case 
of a married employee, former employee, or annuitant and the spouse of 
such employee, former employee, or annuitant (as the case may be).
    ``(b) The provisions of law cited in this subsection are as 
follows:
            ``(1) The preceding provisions of this title (relating to 
        financial disclosure requirements of Federal personnel) and the 
        provisions of title V (relating to Government-wide limitations 
        on outside earned income and employment).
            ``(2) Regulations prescribed under section 7301 of title 5, 
        United States Code (relating to regulations for the conduct of 
        employees in the executive branch).
            ``(3) Section 7351 of title 5, United States Code (relating 
        to gifts to superiors).
            ``(4) Section 7353 of title 5, United States Code (relating 
        to gifts to Federal employees).
            ``(5) Chapter 11 of title 18, United States Code (relating 
        to bribery, graft, and conflicts of interest).
            ``(6) Section 7342 of title 5, United States Code (relating 
        to receipt and disposition of foreign gifts and decorations).
            ``(7) Section 1353 of title 31, United States Code 
        (relating to acceptance of travel and related expenses from 
        non-Federal sources).
            ``(8) Sections 4941 and 4946 of the Internal Revenue Code 
        of 1986 (relating to taxes on self-dealing and definitions and 
        special rules).
            ``(9) Section 455 of title 28, United States Code (relating 
        to disqualification of justice, judge, or magistrate judge).
    ``(c) For purposes of this section, the term `domestic partner' has 
the meaning given such term by section 2110 of title 5, United States 
Code.''.

                    TITLE X--REPORTING REQUIREMENTS

SEC. 1001. REPORT OF THE PRESIDENT.

    Not later than 6 months after the date of the enactment of this 
Act, the President shall transmit to the Committee on Oversight and 
Government Reform of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate--
            (1) a report on the implementation of this Act, including 
        the amendments made by this Act; and
            (2) a description of any further measures that should be 
        taken in order to carry out the purposes of this Act, including 
        recommendations for any legislation or administrative action 
        that may be necessary.

SEC. 1002. GAO REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
the Government Accountability Office shall transmit to the Committee on 
Oversight and Government Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on the effect that this Act and any amendments made by this Act 
have had on premiums or any other periodic charges payable by enrollees 
under chapter 89 of title 5, United States Code (relating to the 
Federal employees health benefits program), and the impact of extending 
benefits to domestic partners on the employee retention and recruitment 
efforts by the Federal government.
                                                 Union Calendar No. 239

111th CONGRESS

  2d Session

                               H. R. 2517

                      [Report No. 111-400, Part I]

_______________________________________________________________________

                                 A BILL

 To provide certain benefits to domestic partners of Federal employees.

_______________________________________________________________________

                            January 29, 2010

 The Committees on House Administration and the Judiciary discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed